Implied‑in‑fact contracts under New York law arise from conduct rather than explicit agreement, requiring objective evidence of mutual assent, definite terms, and an intent to be bound. They are fully ...
Properly framed, a breach of the covenant claim is not just filler, but a remedy in cases where the contract is silent, ambiguous, or grants the opposing party discretion exercised for bad-faith ...
In many states, the implied warranties of workmanship and habitability automatically attach to contracts between builder-vendors and new home buyers. Builder-vendors are defined as “persons or ...
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On April 16, the New Jersey Supreme Court resolved a longstanding open issue as to whether a hospital's bylaws or course of conduct created a contract between the hospital and its medical staff, which ...
Editor’s note: This piece from the SCOV Law Blog is by Andrew Delaney. Plaintiff worked for the Visiting Nurse Association and Hospice of Vermont and New Hampshire (VNA) as a licensed advanced ...
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